A good agreement isn't an insurance policy against divorce. It's a clear statement of expectations that protects both people. We draft agreements designed to hold up if they're ever needed.
A prenuptial agreement is signed before marriage. A postnuptial agreement is signed after. Both accomplish the same goal: defining how property, debts, and support will be handled if the marriage ends — or if one spouse dies during the marriage.
Washington is a community property state. By default, most assets and debts acquired during marriage are shared equally. A prenup or postnup lets couples opt out of that default in specific ways — protecting separate property, defining spousal support expectations, and clarifying how business interests, inheritances, or professional practices will be treated.
The catch: Washington courts won’t enforce every agreement. Agreements must meet specific fairness and disclosure requirements to hold up. Draft the agreement wrong, and it may be worthless when it’s needed. Draft it right, and it provides real clarity for both people.
We draft agreements that are designed to be enforceable if they’re ever tested. That means full disclosure, procedural fairness, substantive fairness, independent counsel where appropriate, and careful documentation of the negotiation process.
We represent both clients bringing assets into the marriage and clients considering whether to sign an agreement proposed by a partner. Either side deserves counsel that explains what they’re signing and whether it protects their interests.
“It's like buying insurance. Taking a policy out there to make sure that later on down the line, you don't have to worry about that stuff.”
— Paul Posadas, PartnerAn agreement that won't hold up in court is worse than no agreement at all. We draft with Washington's fairness and disclosure standards in mind at every step.
Most failed prenups fail because of inadequate disclosure. We document asset, debt, and income disclosures thoroughly — so the agreement stands up to scrutiny years later.
We recommend independent counsel for the non-drafting party in most cases. Courts look favorably on agreements where both people had their own lawyer — and it protects the outcome you're trying to build.
Prenuptial and postnuptial agreements can address a defined range of issues:
Assets brought into the marriage, inheritances, and gifts can be defined as separate property — protecting them from community property division.
Existing business ownership, professional practices, or intellectual property can be carved out and preserved as separate, with clear treatment of appreciation during the marriage.
How pre-marital debts and debts incurred during the marriage are treated — particularly important when one partner brings substantial debt into the marriage.
Agreements can define, limit, or waive spousal maintenance. Courts scrutinize these provisions carefully — unfair waivers often won't be enforced.
Agreements can align with estate planning goals — protecting children from prior relationships, clarifying inheritance rights, or addressing community property's interaction with a will or trust.
Child custody and child support provisions cannot be pre-determined by agreement. Courts retain authority over children's interests regardless of what the parents signed.
Before we tell you what we think, we hear what you're facing.
→You should understand the legal landscape before you make decisions in it.
→A real plan with real contingencies — not a template.
→Inside the courtroom, at the negotiation table, and everywhere in between.
→You'll never wonder what's happening in your case.
→The case ends. Your life continues. We plan for both.
→Not always. But if you have a business, anticipated inheritance, significant debt, or children from a prior relationship, a prenup provides clarity regardless of your current asset level. Agreements about expectations can be as valuable as agreements about assets.
You can, but we don't recommend it. Most DIY prenups fail enforceability tests because of procedural defects, inadequate disclosure, or substantive unfairness. The cost of drafting with counsel is a fraction of the cost of litigating a failed agreement.
Ideally 60-90 days before. Last-minute agreements signed days before the wedding create pressure and raise enforceability questions. Courts often scrutinize agreements signed under time pressure.
Yes, but the fairness scrutiny is often higher because the parties are already married and one spouse may have leverage. Clean negotiation, independent counsel, and documented disclosure are essential.
No. Washington courts retain authority over children's interests regardless of what the parents signed. You can address property, debt, and spousal support — but custody and child support are decided by the court at the time of any future dispute.
Yes, typically through a postnuptial amendment or replacement agreement. Life changes — children arrive, businesses grow, careers shift — and agreements can evolve with them.
What Clients Say
Strata Family Law represents prenuptial and postnuptial clients across Thurston County (Olympia, Lacey, Tumwater, Yelm, Rainier, Tenino), Pierce County (Tacoma, Puyallup, University Place, Lakewood, Gig Harbor, DuPont, Bonney Lake), and Lewis County (Chehalis, Centralia, Napavine, Morton). Whether your case is in Olympia, Tacoma, or anywhere across the greater South Sound, you get the same team, the same standard, and the same commitment.
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